Atlanta, Georgia – Nathan Wade, a special prosecutor with the Fulton County District Attorney’s Office, has resigned from his position following a decision by Superior Court Judge Scott McAfee. On Friday, Judge McAfee ruled that District Attorney Fani Willis and her office can continue their involvement in the 2020 election case against former President Donald Trump and his allies if Wade stepped aside. In response to the ruling, Wade tendered his resignation, stating that he wanted to ensure the case could move forward quickly and in the best interest of democracy.
Judge McAfee presented two options to allow for the ongoing prosecution of the racketeering case against Trump and his co-defendants, who are accused of attempting to overturn the 2020 election results in Georgia. The first option was for the district attorney and her entire office to step aside and refer the case to the Prosecuting Attorneys’ Council for reassignment. The second option was for Wade to withdraw from the case, allowing the district attorney, the defendants, and the public to proceed without his presence.
In a letter to Willis, Wade expressed his dedication to democracy and his desire to ensure a swift resolution to the case. Willis accepted his resignation and commended him for his professionalism. Despite allegations of a romantic relationship between Willis and Wade, which prompted the motion to disqualify them from the case, Willis vehemently denied that their relationship began before he was hired in November 2021.
Judge McAfee criticized Willis for a “tremendous lapse in judgment” and the “unprofessional manner” in which she testified during a recent hearing. However, he concluded that Georgia law does not allow for a finding of an actual conflict of interest based on bad choices alone. McAfee suggested that other authorities such as the State Bar of Georgia or Fulton County voters could offer feedback on any remaining questions.
Trump’s attorney, Steve Sadow, stated that they would explore all legal options to dismiss the case, claiming that Willis and Wade engaged in prosecutorial misconduct. Roman’s attorney, Ashleigh Merchant, expressed dissatisfaction with McAfee’s suggested remedy and called for Willis to address their demands. While McAfee found evidence of an appearance of impropriety due to the relationship between Willis and Wade, he determined that there was no conclusive proof of an actual conflict of interest. McAfee also criticized Willis for a speech in which she made racially charged remarks but stopped short of disqualifying her from the case.
As the case continues, the defense lawyers maintain their assertion that Willis and Wade’s relationship created an impermissible conflict of interest. The prosecution, on the other hand, denies any wrongdoing and asserts that there is no evidence that Willis has benefited from the case. McAfee’s ruling allows for the case to proceed, provided that Wade withdraws from the team. However, he suggested the possibility of a gag order to prevent prosecutors from speaking publicly about the case.